Penyelesaian Gugatan Pembatalan Keputusan Bupati Deli Serdang Terkait Pengangkatan Kepala Desa Dalam Sengketa Pemilihan Kepala Desa Secara Langsung Di Desa Cinta Damai (Analisis Putusan PTUN: No.88/G/2022/PTUN.MDN)

Abstract

The process of the village head election in Cinta Damai Village is in conflict as the results of narrow the voting dispute which is 9 votes difference and is signed by various frauds, resulting in dissatisfaction over the results of the village election, the losing party feels that they have been disadvantaged by the results obtained. However, the problem is that the Regent of Deli Serdang still appoints him with the Regent of Deli Serdang Decree Number 395 of 2022 concerning ratification and the inauguration of the Head of Cinta Damai Village, Percut Sei Tuan Subdistrict on May 18, 2022, in the name of Josta Josevina Tambunan. There are three problem formulation in this research, namely; How to settle a lawsuit for an annulment of the Regent of Deli Serdang decree regarding the appointment of the Head Cinta Damai Village, What are the results of the analysis of the judge's decree regarding the judge's consideration in dispute resolution over the election of the Head Cinta Damai Village, How does the judge's decision apply towards annulment of the Regent of Deli Serdang Decree regarding the Appointment of the Head Cinta Damai Village. This research uses normative juridical methods namely analyzing laws related to library studies. Based on this research the results show that dispute resolution is carried out through the process of resolving State Administrative Disputes according to the Law Number 5 of 1986 by handing over the files to PTUN. PTUN, PK as a form of lawsuit for the revocation of the Regent of Deli Serdang Decree in determining the election of the head of Cinta Damai Village. The results analysis of the judge's consideration of the object of the dispute violating or contradicting the procedures and substance of the law, then the object of the dispute contrary to violating the Principle of Accuracy and the Principle of Legal Certainty (vide Article 53 paragraph 2 letters a and b Law No. 9 of 2004 in conjunction with Article 10 Law No.30 of 2014), TUN officials are required to implement decisions that already have permanent legal force, however The judge's decision has not yet been implemented in Cinta Damai Village.